Can releases of wastes that are not individually listed as CERCLA hazardous substances still be subject to CERCLA reporting requirements?
Yes. CERCLA reporting requirements apply not only to all of the substances individually listed in 40 CFR 302.4, but also to wastes or waste streams exhibiting the characteristics of ignitability, corrosivity, reactivity, or toxicity under RCRA. The release of a non-designated substance exhibiting any of these four RCRA characteristics is a release of a hazardous substance if the substance is a waste prior to release or becomes a waste after release. Under RCRA regulations, a substance becomes a waste after release if it is not cleaned up or if it is cleaned up only for eventual disposal.
Wastes or waste streams exhibiting the characteristics of ignitability, reactivity, or corrosivity have RQs of 100 pounds. The RQs of wastes or waste streams that exhibit the characteristic of toxicity have the RQs of the contaminant on which the toxicity characteristics are based.